IT'S TIME Richland County sent a strong and clear message to three strip clubs — and, by extension, other rogue sexually oriented businesses — that it will not tolerate attempts to skirt county law.
County officials tried reasoning with the clubs three years ago, entering into an agreement calling for them to close, move or change their businesses by July 15 of this year. The businesses — Heartbreakers, Platinum Plus and Chastity's — apparently chose to thumb their noses at the county and the ordinance, because nothing has happened. That should have prompted the county to immediately shutter these outlaw businesses.
Frankly, the county has been far more lenient than it should have been. This matter began when Richland County revised its business-license law four years ago and started cracking down on businesses that were not in compliance. The three sexually oriented businesses sued. To avoid a legal battle, the county signed a settlement that, among other things, said it could go to court to shut the businesses down if they didn't comply by the deadline. That's exactly what should happen.
While relieving communities of these noncompliant, nuisance enterprises is reason enough for the county to act, there is far more at stake. In addition to preserving the quality of life for residents, this goes to the heart of the county's ability to protect community-established standards, regulate through zoning and enforce its laws. Twenty years ago, Richland County became one of the first in the state to enact zoning laws for adult-oriented businesses, including night clubs, video stores and escort services. Richland's ordinance requires sexually oriented businesses to locate 1,000 feet away from churches, schools and homes. Richland went through a series of court battles to defend its law. The state Supreme Court upheld the constitutionality of it twice between 1990 and 1992.
Richland's was such a strong law that others, including Columbia, modeled their laws after it. But over time, the county didn't oversee its law as aggressively as it should, and the businesses crept back in, some in illegal locations and without proper licensing. Considering how hard the county fought to defend and enforce its law, this is no time to back down. County officials must reestablish control over adult businesses. Reasoning with them will not work; county officials are going to have to go to court to shut them down.
It won't be easy. History has shown that these types of businesses don't go away without a fight, even if they're open illegally. But it's a worthwhile fight.
No doubt, the clubs will argue that dancers have a First Amendment right to perform. But the community sets the standards for what's acceptable. These businesses tear at the fabric of communities and have particularly developed a stronghold in the St. Andrews/Broad River Road area. Residents have raised understandable concern about the negative effect they can have on their neighborhood.
While the county can't ban the businesses outright, it doesn't have to allow them free rein. Richland must move deliberately and decisively in cracking down on those that have blatantly broken the law. It's going to take persistent, intelligent regulation and enforcement of the county's law to win this battle. The county has done it before; it must do so again.
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